Winslow v. O'Pry

Supreme Court of Georgia

Winslow v. O'Pry

56 Ga. 138

CourtSupreme Court of Georgia

DecidedJanuary 15, 1876

StatusPublished

Cited by6 cases

This text of 56 Ga. 138 (Winslow v. O'Pry) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winslow v. O'Pry, 56 Ga. 138 (Ga. 1876).

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Opinion

Bleckley, Judge.

The view which we take of this case is fully developed in the head-notes. The declaration, considered as an action aimed against the trust property, was fatally defective in not specifying any such property. It did not even allege directly that there was any trust estate. Whether a judgment upon it might have been rendered against the trustee, personally, we need not consider, as no such judgment was rendered. That which was rendered should have been set aside as unwarranted by the law applicable to the pleadings.

Judgment reversed.

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Bleckley, Judge.

The view which we take of this case is fully developed in the head-notes. The declaration, considered as an action aimed against the trust property, was fatally defective in not specifying any such property. It did not even allege directly that there was any trust estate. Whether a judgment upon it might have been rendered against the trustee, personally, we need not consider, as no such judgment was rendered. That which was rendered should have been set aside as unwarranted by the law applicable to the pleadings.

Judgment reversed.

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Bluebook (online)

56 Ga. 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winslow-v-opry-ga-1876.

Opinion

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